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PORTER v. SADDLEBROOK RESORTS, INC.

No. 95-01663.

679 So.2d 1212 (1996)

James E. PORTER and Martha M. Porter, trustees; James H. Porter, individually; William H. Porter, as trustee; and Wiregrass Ranch, Inc., a Florida corporation, Appellants, v. SADDLEBROOK RESORTS, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 25, 1996.

Attorney(s) appearing for the Case

David A. Maney and Lorena L. Kiely of Maney, Damsker, Harris & Jones, P.A.; and Benjamin H. Hill, III of Hill, Ward & Henderson, P.A., Tampa, for Appellants.

Steven R. Patton and John F. Hartmann of Kirkland & Ellis, Chicago, Illinois; Enola T. Brown of Annis, Mitchell, Cockey, Edwards & Roehn, Tampa; Arthur J. England, Jr. and Charles M. Auslander of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for Appellee.

QUINCE, Judge.

Appellants challenge the trial court's order dismissing their nuisance complaint based on collateral estoppel. We affirm in part, reverse in part, and remand for further proceedings.

Appellants James H. Porter and Martha M. Porter (the Porters), trustees of the James H. Porter Trust, filed a complaint for nuisance against Saddlebrook Resorts, Inc. (Saddlebrook) and Pasco County on July 21, 1983. The trial court dismissed Pasco County as a party...

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